Fort Bragg, CA asked in Consumer Law, Small Claims and Real Estate Law for California

Q: I purchased a house and it was not disclosed that I was supplying power to a neighbor. I would like to be reimbursed.

I purchased a house a little over 2 years ago and it was not disclosed that I was supplying power to a neighbor. I recently discovered two lines. I have been trying to figure out why my bill was so high since I moved in and called PGE constantly, along with a few electricians. I found one line and then a second. My meter was reading 2 kwh then I turned the second breaker off and it read .1 kwh. Sometimes the meter would even read over 5 kwh and nothing was on. Everything in my house is working properly and I am super frustrated and want to be reimbursed for the utilities I clearly wasn't using. I've spent 2 years trying to figure this out. My bills were as high as $365 a month and I was barely using electricity. I'm unsure as to how to proceed and who is responsible and for what amount.

3 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Mill Valley, CA
  • Licensed in California

A: You have potential grounds for lawsuits against the seller and your neighbor. While the amount may be within the limit for small claims court, there are reasons for and against filing there for this case. For example, there is no right to "discovery" in small claims, and you do not know all the facts you need for trial. Also, there may be potential punitive damages available for fraud. On the other hand, small claims is inexpensive if you will be representing yourself, and you may be able to informally solve the factual issues. On another side, you may be entitled to attorney fees under the contract of sale, but you could not get them in small claims (except a very small sum in the case of an appeal). So, I recommend you invest in a consultation with an attorney to review all the facts you have, the contract and disclosure documents, and evaluate your options.

William John Light agrees with this answer

William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: I guess the question is why it was hooked up that way. Did the prior owner know? Did the neighbor know? Was it a mistake by PG&E? On the assumption that someone hooked up the neighbor's electrical service to yours by mistake:

make a demand to PGE and to the neighbor for the over payment for the past 2 years. If you don't get payment, sue in Small Claims court.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: Is there a recorded easement? Was this disclosed by the seller in the sales agreement? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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